State v. Barnett

174 So. 3d 748, 2015 La. App. LEXIS 1554, 2015 WL 4746952
CourtLouisiana Court of Appeal
DecidedAugust 12, 2015
DocketNo. 50,213-KA
StatusPublished
Cited by8 cases

This text of 174 So. 3d 748 (State v. Barnett) is published on Counsel Stack Legal Research, covering Louisiana Court of Appeal primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
State v. Barnett, 174 So. 3d 748, 2015 La. App. LEXIS 1554, 2015 WL 4746952 (La. Ct. App. 2015).

Opinion

BROWN, Chief Judge.

_JiThis expedited criminal appeal by the state arises from the trial court’s granting of defendant’s pre-trial pro se motion to quash the indictment charging him with second degree murder.1 For the reasons set forth herein, the trial court’s ruling is vacated, the motion to quash is denied, and the matter is remanded for further proceedings.

Facts.

On December 21, 2011, based on the accounts of several eyewitnesses, defendant, Michael Lorenzo Barnett, Jr., was arrested for the shooting murder of Andre Alexander. On February 9, 2012, Barnett was indicted for second degree murder. On March 23, 2015, the matter had not yet proceeded to trial and Barnett filed a pro se motion to quash the indictment based on La. C. Cr. P. art. 578(A)(2), which provides that no trial shall be commenced in a non-capital felony case after two years from the date of institution of the prosecution. The state urged the applicability of La. C. Cr. P. art. 580(A), which provides that:

When a defendant files a motion to quash or other preliminary plea, the running of the periods of limitation established by Article 578 shall be suspended until the ruling of the court thereon; but in no case shall the state have less than one year after the ruling to commence the trial.

Following a brief hearing, the trial judge granted the motion quashing the indictment. The court then granted a stay of the proceedings and the matter was brought to this court for resolution.

| procedural History

The following chronology is critical to the our analysis of whether the trial court properly granted defendant’s motion to quash.

• December 22, 2011. A 72-hour hearing was held. Defendant was present via video conference. The court referred defendant to the Indigent Defenders Board (“IDB”) for appointment of counsel and his arraignment date was set for January 1, 2012.
• December 28, 2011. George Britton with the IDB was appointed to represent defendant.
• January 25, 2012. The state was served with several motions prepared by Attorney Britton, including a motion for discovery, a motion for bond reduction and a request for a preliminary examination. The motions had orders attached thereto. Arraignment was reset for February 22, 2012; Lavalle Salomon enrolled as counsel and George Britton was relieved as appointed counsel.
February 9, 2012. Defendant was indicted by the grand jury for second deyree murder.
February 13, 2012. Motions for Discovery and Bond Reduction and a Request for Preliminary Examination (the same motions as previously served on the district attorney by George Britton on January 25, 2012) were filed into the record. (The orders attached to the motions had [751]*751“strike-throughs” with the initials “WR” Wilson Rambo. There is no specific language of disposition such as “granted” or “denied.”)
• February 22, 2012. Barnett was present with Attorney Salomon; defendant waived formal arraignment and entered a plea of not guilty; Attorney Salomon filed a motion for discovery and inspection of public records; the matter was set for hearing on March 28, 2012.
March 28, 2012. Barnett was present with Attorney Salomon; there was discussion about the motion for preliminary examination and bond reduction and the hearing was reset for April 25, 2012; discovery was provided to the defense in open court.
• April 25, 2012. Lavalle Salomon was present for Barnett, whose presence was waived; there was a joint continuance of the motions for bond reduction and preliminary examination to July 11, 2012.
| a* July 11, 2012. Barnett and Attorney Salomon were present. In discussing setting a date for motions, the following exchange between the judge and Attorney Salomon occurred:
The Court: Mr. Barnett, Mr. Salo-mon, are present, August 13, courtroom 4 at 9:00 a.m. for hearings on motions, a bond reduction hearing and perhaps a preliminary exam as well?
Mr. Salomon: The preliminary exam is obviated by the indictment, your Honor, it serves the same purpose-
The Court: A reverse PE?
Mr. Salomon: Yes, sir.
Ms. Davis (Prosecutor): Exactly.
The Court: All right, so ordered.
• August 13, 2012. Barnett and Attorney Salomon were present; there was a joint motion to continue to September 10, 2012, because counsel for state was in trial.
• September 10, 2012. Clara Toombs was present for Attorney Salomon; Barnett’s presence waived; the case was continued to October 17, 2012.
• October 17, 2012. Attorney Salomon was present; Barnett’s presence was waived; by joint motion the matter was continued to January 30, 2013.
• January 30, 2013. Lavalle Salomon was present; Barnett was present; the case was reset by joint motion to March 11, 2013.
• March 11, 2013. Amado Leija was present for Lavalle Salomon; Barnett’s presence was waived; the case was reset to May 22, 2013.
May 22, 2013. Attorney Salomon was present; Barnett was present; Attorney Salomon represented to the court that he does not believe there are any pending motions at this time, however, the trial judge set a hearing on any pre-trial motions for July 8, 2013; the fírst setting of trial date was for August 26,2013.
14* July 8, 2013. Lavalle Salomon was present; Barnett’s presence was waived; Mr. Salomon indicated that the parties “are in discussions” and the case was reset for August 14, 2013.
• August 14, 2013. Lavalle Salomon was present; Barnett’s presence was waived; there was a joint motion to continue/refix for status October 9, 2013.
• August 26, 2013. Attorney Salomon was present; Barnett’s presence was waived. Trial was continued by joint motion to October 9, 2013.
[752]*752• October 9, 2013. Attorney Salomon was present; Barnett’s presence was waived; Attorney Salomon indicated he is expecting a plea offer; the case was reset by joint motion to December 18,2013.
• December 18, 2013. Lavalle Salomon was present; Barnett was present; counsel noted that the parties were “in discussions” and the case was reset at defense counsel’s request to determine status to February 12, 2014.
February 12, 2014. Court was closed due to weather; the case was continued to February 25, 2014.
• February 25, 2014. George Britton was present for Lavalle Salomon; Barnett was present; the case was reset for April 16, 2014.
• April 16, 2014. Judge on vacation; the case was reset for April 23, 2014.
•April 23, 2014.

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Bluebook (online)
174 So. 3d 748, 2015 La. App. LEXIS 1554, 2015 WL 4746952, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-v-barnett-lactapp-2015.